`
`
`AGIS SOFTWARE DEVELOPMENT LLC,
`
`
`Plaintiff,
`
`
`
`v.
`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE EASTERN DISTRICT OF TEXAS
`MARSHALL DIVISION
`§
`
`§
`Case No. 2:17-CV-0514-JRG
`§
`(LEAD CASE)
`§
`
`§
`JURY TRIAL DEMANDED
`§
`
`§
`
`§
`§
`§
`
`
`HTC CORPORATION,
`
`
`Defendant.
`
`
`
`LG ELECTRONICS INC.,
`
`
`Defendant.
`
`Case No. 2:17-CV-0515-JRG
`(CONSOLIDATED CASE)
`
`JURY TRIAL DEMANDED
`
`§
`§
`§
`§
`
`
`
`DECLARATION OF ALFRED R. FABRICANT IN SUPPORT OF PLAINTIFF
`AGIS SOFTWARE DEVELOPMENT LLC’S OPPOSED MOTION
`TO STRIKE THE JANUARY 11, 2019 EXPERT REPORT OF EDWARD R. TITTEL
`
`I, Alfred R. Fabricant, hereby declare as follows:
`
`1.
`
`I am a member of Brown Rudnick LLP, lead counsel of record for Plaintiff AGIS
`
`Software Development LLC (“AGIS”). I am admitted to practice before this Court. I submit this
`
`declaration in support of AGIS Software Development LLC’s Opposed Motion to Strike the
`
`January 11, 2019 Expert Report of Edward R. Tittel. I am familiar with the facts set forth herein.
`
`2.
`
`The exhibits attached to this declaration may contain annotations and/or excerpts
`
`of the originals.
`
`3.
`
`Attached hereto as Exhibit A is a true and correct copy of a Notice of Subpoenas to
`
`Google LLC filed in this case on August 29, 2018.
`
`
`
`Case 2:17-cv-00514-JRG Document 137-1 Filed 01/29/19 Page 2 of 3 PageID #: 9767
`
`4.
`
`Attached hereto as Exhibit B is a true and correct copy of email correspondence
`
`between counsel for AGIS Software Development LLC, and counsel for Google LLC regarding
`
`source code review, dated November 9, 2018.
`
`5.
`
`Attached hereto as Exhibit C is a true and correct copy of email correspondence
`
`between counsel for AGIS Software Development LLC, and counsel for LG Electronics Inc.
`
`regarding source code review, dated November 26, 2018.
`
`6.
`
`Attached hereto as Exhibit D is a true and correct copy of email correspondence
`
`between counsel for AGIS Software Development LLC, and counsel for LG Electronics Inc.
`
`regarding source code review, dated December 13, 2018.
`
`7.
`
`Attached hereto as Exhibit E is a true and correct copy of excerpts of the Expert
`
`Report of Edward R. Tittel in Rebuttal to the Expert Report of Joseph McAlexander, dated January
`
`11, 2019.
`
`8.
`
`Attached hereto as Exhibit F is a true and correct copy of email correspondence
`
`between counsel for AGIS Software Development LLC, and counsel for Google LLC regarding
`
`source code review, dated January 13, 2019.
`
`9.
`
`Attached hereto as Exhibit G is a true and correct copy of email correspondence
`
`between counsel for AGIS Software Development LLC, and counsel for LG Electronics Inc.
`
`regarding source code review, dated January 24, 2019.
`
`10.
`
`Attached hereto as Exhibit H is a true and correct copy of email correspondence
`
`between Enrique Iturralde and Bonnie Phan regarding Google source code review, January 24,
`
`2019.
`
`11.
`
`Attached hereto as Exhibit I is a true and correct copy of Plaintiff’s First Set of
`
`Interrogatories To LG Electronics, Inc., dated January 8, 2018.
`
`2
`
`
`
`Case 2:17-cv-00514-JRG Document 137-1 Filed 01/29/19 Page 3 of 3 PageID #: 9768
`
`12.
`
`Attached hereto as Exhibit J is a true and correct copy of LG Electronics Inc.’s
`
`Supplemental Objections and Responses to Plaintiff AGIS Software Development LLC’s First Set
`
`of Interrogatories, dated November 30, 2018.
`
`13.
`
`Attached hereto as Exhibit K is a true and correct copy of Defendant LG Electronic
`
`Inc.’s January 17, 2018 Supplemental Initial Disclosures.
`
`14.
`
`Attached hereto as Exhibit L is a true and correct copy of Defendant LG
`
`Electronics, Inc.’s August 31, 2018 Supplemental Initial Disclosures.
`
`15.
`
`Attached hereto as Exhibit M is a true and correct copy of Defendant LG
`
`Electronics, Inc.’s November 14, 2018 Supplemental Initial Disclosures.
`
`16.
`
`Attached hereto as Exhibit N is a true and correct copy of Defendant LG
`
`Electronics, Inc.’s December 7, 2018 Supplemental Initial Disclosures.
`
`
`
`I declare under penalty of perjury that the foregoing is true and correct to the best of my
`
`knowledge. Executed on January 25, 2019.
`
` /s/ Alfred R. Fabricant
` Alfred R. Fabricant
`
`3
`
`